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Friday, November 23, 2007

California Notary Law Changes January 1, 2008

As an update to previous posts concerning the California Notary law changes for 2008, I am providing further information. This is due to the widespread confusion that appears to be occuring in the notary community.

Although the secretary of state's website clearly shows the changes to the new laws, it appears that many notary supply vendors are capitalizing on the changes and offering workshops, etc., effectively making simple changes into rocket science which creates a new market for their wares. Not necessary.

In a phone call to the secretary of state's office, the clerks were giggling over the phone calls and frenzy created by certain notary associations making this into rocket science in order to market to notaries. We can remain calm. The secretary of state's office indicated that they will post acknowledgment and jurat forms on their website mid December for notaries that would like to use them.

11-29-07 Update: In an email response from the Secretary of State's Office (Marcia Murphey), the following was received:
"As to your question about crossing out "personal knowledge" on the form, the law states that 'Any certificate of acknowledgment taken within this state shall be in the following form' (Civil Code section 1189). It would be in your best interest to use the form as set forth in the law. Additionally, effective January 1, 2008, the certificate of acknowledgment must include the language "I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct." The new laws affecting notaries public do not take effect until January 1, 2008. Continue to use the current Certificate of Acknowledgment and Jurat forms through December 31, 2007. Our office will post the new forms on January 1, 2008. We also expect to have the 2008 Notary Public Handbook available on our website in January. A hard-copy version will also be available upon request at no charge. Please check our website periodically for any new information. "

The words "Penalty of Perjury" must be on the form. Her response about personal knowledge on the form still appears unclear to me.

In the meantime, I have found notaryclasses.com has posted wonderful pdf's of forms that are probably acceptable. Bless their hearts. Thanks much to NotaryClasses.com.

My Mobile Notary


Apostille Services said...

Thanks for sharing, Karen. We can always count on you for providing us with up to date information.

Karen said...

Thank you for your common-sense information on the new notary public laws. --Karen Dyer, California notary (karen.dyer@gmail.com)

Notary Public said...

Thanks, I hope to be helpful to the notary community. I did ask the SS office if they would please try to post with more clarity so notaries are not taken advantage of. They did suggest writing to the SS Office and requesting that. They said it will be passed on to the person in charge of posting on their site. I haven't gotten to it yet. If any one is interested in writing them, they did sound sincere. They apparantly would like this silliness to stop.

Notary Public said...

I just can't stand when folks try to take advantage of others unnecessarily.

Maura said...

Thanks for this info. I checked today and the Secretary of State office does indeed have the new forms online, as a fillable PDF.

I just knew the changes couldn't be complicated enough to warrant going to a seminar.